DOCSLIB.ORG

Reconsidering Religion

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Reconsidering Religion RECONSIDERING RELIGION: TOWARDS A BROADER UNDERSTANDING OF MULTICULTURAL EDUCATION IN U.S. PUBLIC SCHOOLS By MALILA N. ROBINSON A dissertation submitted to the Graduate School-New Brunswick Rutgers, The State University of New Jersey In partial fulfillment of the requirements For the degree of Doctor of Philosophy Graduate Program in Education Written under the direction of Catherine A. Lugg and approved by ________________________________________ ________________________________________ ________________________________________ ________________________________________ New Brunswick, New Jersey May, 2013 ABSTRACT OF THE DISSERTATION Title RECONSIDERING RELIGION: TOWARDS A BROADER UNDERSTANDING OF MULTICULTURAL EDUCATION IN U.S. PUBLIC SCHOOLS By Malila N. Robinson Dissertation Director: Catherine A. Lugg This dissertation analyzed the legal and policy issues involved with teaching about religion in U.S. public schools as part of a multicultural curriculum. U.S. public schools are government entities, and thus, the people who work within the public education system are bound by U.S. laws, policies, regulations and court rulings relating to schools. This dissertation used federal and lower court rulings dealing with Constitutional demands for the separation of church and state and the resulting public school policies and practices to highlight the difficulties many school teachers and administrators have attempting to sift through dense and often vague or contradictory legal dicta contained therein. Additionally, this dissertation combined legal, religious and socio-political theories to create a new theoretical framework, Critical Religious Legal Theory, which was then used to analyze the structures that shape educational law and policy in the realm of teaching about religion in public schools. The analysis focused on critically analyzing the laws and policies dealing with religion and public schools as social phenomena and as tools of control, and the education law and policy makers in the context of the social and political atmosphere at the time that the laws/policies were created. This dissertation also critically analyzed the generally accepted Christian norms in public education and America’s reliance upon ceremonial deism, as it relates to public schools. And this research explained how religion has been used as a tool of ii control and how and why religion can and should be demystified through the use of multicultural curricula that are inclusive of religion to (amongst other things) promote secular “moral truths” in character education like goodness, justice, love, truth while dispelling the religious stereotypes and prejudices that have been promulgated. The research generated by this dissertation, along with the pre-existing body of research on the intersection of religion and public schools, can be used by researchers, administrators and educators to expand the curricula in public schools to include courses where religion is discussed, in a constitutionally permissible manner, to inoculate against the ignorance behind many religiously motivated hate crimes. iii Acknowledgements I would like to thank my Dissertation Advisor, Dr. Catherine A. Lugg for her tireless assistance, her unbelievable patience and her gentle prodding over the many, many years of my dissertation journey. And I would like to thank the rest of my dissertation committee Dr. William Firestone, Dr. Clark Chinn and Dr. Laurence Parker, whose questions and suggestions challenged me to view my research from a variety of perspectives which added depth and coherence to my final product. I would also like to thank Professor Gary L. Francione, Esq., my mentor from Rutgers School of Law, who taught me how to think critically, question intelligently and ponder deeply. And of course I would like to thank my family: My patient husband Todd, who puts up with my obsession for learning and my addiction to school, and who was always on hand to solve technology related issues over the years. My two, soon to be three, adorable children (Zahra, Desmond & Liana), who probably think that that my laptop is part of my body. My 7 precious puppies who happily gave me kisses whenever I was feeling stressed; with a special thanks to Marilyn my night time dissertation puppy who stayed up with me into the early hours of the morning for several months as I tried to get some work done while everyone else was sleeping. My parents for finally ceasing their “Are you done with your dissertation yet?” questions after about 5 or 6 years, and for pretending to be interested when I described what I was researching for so long. My Nana for never ending love: Naturally. To my late Grandad, one of these days I will be as wonderful as he always thought I was, and I greatly appreciate that he set the bar so high! To my Gamma Fam for a continuous supply of comfort, laughs and hugs …and alcohol. To John for writing wonderful poetry and keeping my creative spark alive. To Jay, my best friend, an ocean away but never far from my heart. And to all of my other friends iv and family, too numerous to name, who have continued to love and support me even though they have barely seen my face (offline) in several years. v Table of Contents CHAPTER ONE: Introduction 1-30 Background 1 Multicultural Education 4 Religion and Public Schools 7 The Research Question 18 Methodology 18 Sources 20 Theoretical Framework 21 Chapter Breakdown 26 Research Limitations 27 Concluding Remarks 29 CHAPTER TWO: Religion and Public Schools 31-95 Background 31 Official Endorsement or Encouragement of Religion 34 Private Student Prayer 44 School Sponsored Prayer 45 The Pledge of Allegiance 57 Religious Meetings in Public Schools 91 Summary 94 CHAPTER THREE: Evolution, Creation and Intelligent Design 96-173 Introduction 96 The Debate about Teaching Evolution, Creationism & Intelligent Design in Public Schools 96 Legislative Efforts to Ban Evolution 101 Balanced Treatment 109 Evolution(ism) 126 Disclaimers 130 Summary 167 CHAPTER FOUR: Multicultural Education Inclusive of Religion 174-203 Background 174 Religion Defined 179 The Problem 181 Multicultural Curriculum Goals 184 Multicultural Religious Curriculum Goals 185 Multicultural Best Practices 189 vi Teacher Education in Religion 196 Teaching About Religion 199 Summary 201 CHAPTER FIVE: Conclusion 204-216 The Problems Continue 204 Critical Religious Legal Theory 212 Limitations and Significance 214 Concluding Remarks 215 References 217 List of Figures Figure 2.1 1982 Original Pledge of Allegiance 89 Figure 2.2 1920’s Amendment to the Pledge of Allegiance 89 Figure 2.3 1954 Amendment to the Pledge of Allegiance 90 Figure 4.1 U.S. Racial Demographics in 2000 176 Figure 4.2 U.S. Racial Demographics in 2010 176 Figure 4.3 U.S. Projected Racial Demographics for 2020 177 Figure 4.4 U.S. Projected Racial Demographics for 2050 177 Figure 4.5 U.S. Religious Breakdown 2012- General Categories 178 vii 1 CHAPTER ONE Introduction Background This dissertation analyzed the legal and policy issues involved with teaching about religion in U.S. public schools as part of a multicultural curriculum. U.S. public schools are government entities, and thus, the people who work within the public education system are bound by U.S. laws, policies, regulations and court rulings relating to schools. This dissertation used federal and lower court rulings dealing with Constitutional demands for the separation of church and state and the resulting public school policies and practices to highlight the difficulties many school teachers and administrators have attempting to sift through dense and often vague or contradictory legal dicta contained therein. Additionally, this dissertation used legal, religious and socio-political theories to analyze the structures that shape educational policy in the realm of teaching about religion in public schools. Since America is, for the first time, no longer be a Protestant majority country (Pew, 2012), teaching about religion in public schools is necessary to increase students’ comprehension of the world’s major religions and to reduce incidents of religiously motivated hate crimes in school and in society at large. The U.S. Department of Justice (2012) reported in the congressionally mandated FBI hate crimes statistics, that there were a reported 1,318 incidents of hate crimes motivated by religious bias (down from 1,409 in 2010 but, up from 1,303 in 2009), and an additional 1,508 hate crimes motivated by an anti-queer bias1 (up from 1,202 in 2009 and 1,470 in 2010). Religion is a defining characteristic for many people and for some it is as 1 I have included the number of hate crimes based on a person’s sexuality (or perceived sexuality) because it is often the case that the perpetrators of the anti-gay incidents are motivated by a religious ideology (Herek, 2004). 2 defining as race or gender (Carter, 1993; Moore, 2007). There is an extensive body of knowledge on the necessity for schools to teach a multicultural curriculum that is inclusive of racial minorities and women (Anyon, 2005; Banks, 1995; Banks & Banks, 2007; DeCuir & Dixson, 2004; Maestri, 2005). Yet, unlike issues of race and gender, the topic of religion is often avoided by public school curricula (Moore, 2007; Lugg & Tabbaa-Rida, 2009). And when religion is included in the curriculum, it is frequently incorporated in an unconstitutional way (Edwards v. Aguillard, 1987; Epperson v. Arkansas, 1968; Kitzmiller, et al. v. Dover Area School District et al., 2005). The United States is known for its cultural diversity. However, the U.S. is also one of the most religiously diverse nations in the world (Eck, 2001; Moore, 2007). According to a 2012 report by the Pew Forum on Religion and Public Life, the current religious make-up of the US, from highest to lowest, is approximately: 48% Protestant, 22% Catholic, 14% Nothing in particular, 6% Other Faith, 4% Agnostic, 3% Atheist, 2% Mormon, 1% Orthodox. Despite this diversity many Americans lack any real understanding of the basic tenets of the world’s major religions (Moore, 2007).
Load more

Recommended publications
  • “In God We Trust:” the US National Motto and the Contested Concept of Civil Religion
    religions Article “In God We Trust:” The U.S. National Motto and the Contested Concept of Civil Religion Michael Lienesch Department of Political Science, University of North Carolina at Chapel Hill, Chapel Hill, NC 27599-3265, USA; [email protected] Received: 12 April 2019; Accepted: 20 May 2019; Published: 25 May 2019 Abstract: In this essay, “In God We Trust”, the official motto of the United States, is discussed as an illustration of the contested character of American civil religion. Applying and evaluating assumptions from Robert N. Bellah and his critics, a conceptual history of the motto is presented, showing how from its first appearance to today it has inspired debates about the place of civil religion in American culture, law, and politics. Examining these debates, the changing character of the motto is explored: its creation as a religious response to the Civil War; its secularization as a symbol on the nation’s currency at the turn of the twentieth century; its state-sponsored institutionalization during the Cold War; its part in the litigation that challenged the constitutionality of civil religious symbolism in the era of the culture wars; and its continuing role in the increasingly partisan political battles of our own time. In this essay, I make the case that, while seemingly timeless, the meaning of the motto has been repeatedly reinterpreted, with culture, law, and politics interacting in sometimes surprising ways to form one of the nation’s most commonly accepted and frequently challenged symbols. In concluding, I speculate on the future of the motto, as well as on the changing place of civil religion in a nation that is increasingly pluralistic in its religion and polarized in its politics.
    [Show full text]
  • Ceremonial Deism and Change in Meaning Over Time
    Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2010 Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time B. Jessie Hill Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Constitutional Law Commons Repository Citation Hill, B. Jessie, "Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time" (2010). Faculty Publications. 144. https://scholarlycommons.law.case.edu/faculty_publications/144 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. OF CHRISTMAS TREES AND CORPUS CHRISTI: CEREMONIAL DEISM AND CHANGE IN MEANING OVER TIME B. JESSIE HILL t ABSTRACT Although the Supreme Court turned away an Establishment Clause challenge to the words "under God" in the Pledge of Allegiance in Elk Grove Unified School District v. Newdmv, the issues raised by that case will not go away anytime soon. Legal controversies over facially religious government speech have become one of the most regular and prominent features of Establishment Clause jurisprudence-and indeed, a second-round challenge to the Pledge of Allegiance is currently percolating, which will likely result in resolution by the Supreme Court. That resolution will depend on an understanding of the social meaning of the practice at issue. This Article addresses the constitutional analysis of "ceremonial deism "-brief official religious references such as the words "under God" in the Pledge of Allegiance, the national motto "In God We Trust," and the city names C01pus Christi and St.
    [Show full text]
  • The Impact of Minority Faith on the Experience of Mental Health Services: the Perspectives of Devotees of Earth Religions
    Wright State University CORE Scholar Browse all Theses and Dissertations Theses and Dissertations 2012 The Impact of Minority Faith on the Experience of Mental Health Services: The Perspectives of Devotees of Earth Religions Alison Niblick Wright State University Follow this and additional works at: https://corescholar.libraries.wright.edu/etd_all Part of the Psychology Commons Repository Citation Niblick, Alison, "The Impact of Minority Faith on the Experience of Mental Health Services: The Perspectives of Devotees of Earth Religions" (2012). Browse all Theses and Dissertations. 1127. https://corescholar.libraries.wright.edu/etd_all/1127 This Dissertation is brought to you for free and open access by the Theses and Dissertations at CORE Scholar. It has been accepted for inclusion in Browse all Theses and Dissertations by an authorized administrator of CORE Scholar. For more information, please contact [email protected]. THE IMPACT OF MINORITY FAITH ON THE EXPERIENCE OF MENTAL HEALTH SERVICES: THE PERSPECTIVES OF DEVOTEES OF EARTH RELIGIONS PROFESSIONAL DISSERTATION SUBMITTED TO THE FACULTY OF THE SCHOOL OF PROEFSSIONAL PSYCHOLOGY WRIGHT STATE UNIVERSITY BY ALISON NIBLICK, PsyM IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PSYCHOLOGY Dayton, OH September, 2013 COMMITTEE CHAIR: Julie L. Williams, PsyD, ABPP Committee Member: James E. Dobbins, PhD, ABPP Committee Member: Eve M. Wolf, PhD, ABPP WRIGHT STATE UNIVERSITY SCHOOL OF PROFESSIONAL PSYCHOLOGY July 13, 2012 I HEREBY RECOMMEND THAT THE DISSERTATION PREPARED UNDER MY SUPERVISION BY ALISON NIBLICK ENTITLED THE IMPACT OF MINORITY FAITH ON THE EXPERIENCE OF MENTAL HEALTH SERVICES: THE PERSPECTIVES OF DEVOTEES OF EARTH RELIGION BE ACCEPTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PSYCHOLOGY.
    [Show full text]
  • Rubin V. City of Lancaster
    FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHELLEY RUBIN; MAUREEN I. No. 11-56318 FELLER, Plaintiffs-Appellants, D.C. No. 2:10-cv-04046- v. DSF-JC CITY OF LANCASTER, a municipal corporation, OPINION Defendant-Appellee. Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Argued and Submitted November 8, 2012—Pasadena, California Filed March 26, 2013 Before: Alfred T. Goodwin and Diarmuid F. O’Scannlain, Circuit Judges, and Jack Zouhary, District Judge.* Opinion by Judge O’Scannlain * The Honorable Jack Zouhary, United States District Judge for the Northern District of Ohio, sitting by designation. 2 RUBIN V. CITY OF LANCASTER SUMMARY** Civil Rights The panel affirmed the district court’s bench trial judgment in favor of the City of Lancaster in plaintiffs’ 42 U.S.C. § 1983 action alleging that the city council’s practice of opening its meetings with privately led prayers effected an unconstitutional establishment of religion. The panel analyzed the City’s policy and practice of soliciting volunteers from local congregations to lead the invocations regardless of the faith, denomination, or other religious belief of the congregation. The panel held that a Bishop’s single reference to Jesus in an invocation did not amount to a violation of the Establishment Clause. The panel applied the history-based analysis set forth in Marsh v. Chambers, 463 U.S. 783 (1983), and concluded that neither the Supreme Court’s decision in Marsh, nor in County of Allegheny v. ACLU, 492 U.S. 573 (1989), categorically forbids sectarian references in legislative prayer so long as legislative prayer—whether sectarian or not—does not proselytize, advance, or disparage one religion or affiliate government with a particular faith.
    [Show full text]
  • Earth-Based Religions Are Minority Faiths Due to Both Their Lack Of
    THE IMPACT OF MINORITY FAITH ON THE EXPERIENCE OF MENTAL HEALTH SERVICES: THE PERSPECTIVES OF DEVOTEES OF EARTH RELIGIONS PROFESSIONAL DISSERTATION SUBMITTED TO THE FACULTY OF THE SCHOOL OF PROEFSSIONAL PSYCHOLOGY WRIGHT STATE UNIVERSITY BY ALISON NIBLICK, PsyM IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PSYCHOLOGY Dayton, OH September, 2013 COMMITTEE CHAIR: Julie L. Williams, PsyD, ABPP Committee Member: James E. Dobbins, PhD, ABPP Committee Member: Eve M. Wolf, PhD, ABPP WRIGHT STATE UNIVERSITY SCHOOL OF PROFESSIONAL PSYCHOLOGY July 13, 2012 I HEREBY RECOMMEND THAT THE DISSERTATION PREPARED UNDER MY SUPERVISION BY ALISON NIBLICK ENTITLED THE IMPACT OF MINORITY FAITH ON THE EXPERIENCE OF MENTAL HEALTH SERVICES: THE PERSPECTIVES OF DEVOTEES OF EARTH RELIGION BE ACCEPTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PSYCHOLOGY. _______________________________________ Julie L. Williams, PsyD, ABPP Dissertation Director _______________________________________ La Pearl Logan Winfrey, PhD Associate Dean Abstract In response to an identified need in the psychological literature for research on minority religion, especially earth-centered religion, this dissertation was developed to 1) present an overview of the three main branches of contemporary earth religion, 2) illuminate the realities of minority religious identity in the United States of America, 3) collect data regarding the demographic and identity variables of devotees of earth centered religion, and 4) solicit feedback from the earth religious community regarding its understanding of psychological distress, preferred ways of coping with distress, and perceptions and experiences of professional mental health services. A total of 64 self-identified devotees of earth-centered faith completed an online questionnaire about their identity variables, experiences of psychological distress, ways of understanding distress, and experiences, perceptions, and fears pertaining to mental health services.
    [Show full text]
  • Appeal No. 09-2473 in the UNITED STATES COURT of APPEALS for the FIRST CIRCUIT
    Case: 09-2473 Document: 00116045625 Page: 1 Date Filed: 04/07/2010 Entry ID: 5434904 Appeal No. 09-2473 IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT THE FREEDOM FROM RELIGION FOUNDATION; PAT DOE, Parent and Next Friend of Doechild-1, Doechild-2 and Doechild-3; JAN DOE, Parent and Next Friend of Doechild-1, Doechild-2 and Doechild-3 Plaintiffs-Appellants v. UNITED STATES; THE STATE OF NEW HAMPSHIRE; MURIEL CYRUS; A.C., Minor; J.C., Minor; K.C., Minor; S.C., Minor; E.C., Minor, R.C., Minor; A.C., Minor; D.P., Minor; MICHAEL CHOBANIAN; MARGARETHE CHOBANIAN; MINH PHAN; SUZU PHAN; KNIGHTS OF COLUMBUS Defendants-Appellees DRESDEN SCHOOL DISTRICT; HANOVER SCHOOL DISTRICT Defendants On Appeal from the United States District Court for the District of New Hampshire, Hon. Steven J. McAuliffe, Civil Action No. 1:07-cv-356 BRIEF OF DEFENDANTS-APPELLEES MURIEL CYRUS ET AL. Kevin J. Hasson Eric Rassbach (Bar No. 122839) Luke Goodrich The Becket Fund for Religious Liberty 3000 K St., N.W., Ste. 220 Washington, DC 20036 Telephone: (202) 955-0095 Facsimile: (202) 955-0090 April 7, 2010 Attorneys for Defendants-Appellees Case: 09-2473 Document: 00116045625 Page: 2 Date Filed: 04/07/2010 Entry ID: 5434904 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1, Defendants-Appellees Muriel Cyrus et al. state that none of the Defendants-Appellees Muriel Cyrus et al. has a parent corporation or issues any stock. i Case: 09-2473 Document: 00116045625 Page: 3 Date Filed: 04/07/2010 Entry ID: 5434904 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT ..........................................................i TABLE OF CONTENTS.........................................................................................
    [Show full text]
  • In God We Trust” — Why the National Motto Poses No Constitutional Crisis Prepared by the American Center for Law and Justice February 2006
    “In God We Trust” — Why the National Motto Poses No Constitutional Crisis Prepared by the American Center for Law and Justice February 2006 The use of “In God We Trust” as the national motto of the United States is fully consistent with the Establishment Clause of the First Amendment. The words of the motto echo the conviction held by the Founders of this Nation that our freedoms come from God. Congress codified “In God We Trust” as our national motto for the express purpose of reaffirming America’s unique history and understanding of this truth, and to distinguish America from atheistic nations who recognized no higher authority than the State at a time when the spread of Communism worldwide was on the rise. While the First Amendment affords atheists and all other Americans the freedom to believe or disbelieve on matters of religion, it does not compel federal courts or other public officials to strip religious references from every aspect of public life. The use of “In God We Trust” as our national motto is a common sense recognition of our nation’s longstanding religious heritage that poses no constitutional crisis. Use of the slogan “In God We Trust” dates back to the War of 1812. In September 1814, fearing for the fate of his country while watching the British bombardment of Fort McHenry in Baltimore, Francis Scott Key composed the poem the “Star Spangled Banner,” of which one line is “And this be our motto—‘In God is our trust.’” During the Civil War, President Lincoln’s famed Gettysburg Address declared “that this Nation, under God, shall have a new birth of freedom—and that Government of the people, by the people, for the people, shall not perish from the earth.” Lincoln, The Gettysburg Address (Nov.
    [Show full text]
  • Francois Venter
    Outline of Presentation Religious Perspectives on the Secular State - Comparative Observations Francois Venter 1 Introduction Academic survival under a global regime of agnostic scholarship. 2 Manifestations of state secularism • It is remarkable how ubiquitous the reference to religion is in constitutions, more often than not as invocations of moral authority. Liberal interpretation tend to relegate such references to the status of “ceremonial deism”. Eg In re: Certification of the Constitution of the Western Cape, 1997 1997 (4) SA 795 (CC) para [28]. • The roots of state secularism are (ironically) to be found in Christian theological dualism: in the 5th Century Aurelius Augustine’s two cities, Pope Boniface’s two powers, later in the 11th to 13th Centuries the two swords, and in the 16th Century Luther and Calvin’s two kingdoms. • The “Lemon test” (Lemon v Kurtzman 403 U.S. 602 (1971)) for non-establishment: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.” • Section 76(1) of the (Canadian) British Columbia School Act of 1996: “(1) All schools and Provincial schools must be conducted on strictly secular and non-sectarian principles.” Abella J in Loyola High School v Quebec (Attorney General), 2015, para [63]: “Although the state’s purpose here is secular, requiring Loyola’s teachers to take a neutral posture even about Catholicism means that the state is telling them how to teach the very religion that animates Loyola’s identity.
    [Show full text]
  • The Pledge As Sacred Political Ritual
    William & Mary Bill of Rights Journal Volume 13 (2004-2005) Issue 3 Article 3 February 2005 The Pledge as Sacred Political Ritual Sheldon H. Nahmod Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Sheldon H. Nahmod, The Pledge as Sacred Political Ritual, 13 Wm. & Mary Bill Rts. J. 797 (2005), https://scholarship.law.wm.edu/wmborj/vol13/iss3/3 Copyright c 2005 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj THE PLEDGE AS SACRED POLITICAL RITUAL Sheldon H. Nahmod* INTRODUCTION The public and the media, along with Congress, reacted with outrage and disbelief to the Ninth Circuit's 2002 decision in Newdow v. United States Congress.' In its initial version, Newdow broadly held that the inclusion in the Pledge of Allegiance of the phrase "one Nation under God' 2 violated the Establishment Clause? Members of Congress demonstrated their displeasure by reciting the Pledge of Allegiance on the steps of the Capitol. Many inveighed, yet again, against a liberal federal judiciary that not only bore an anti-religious bias, but also had reached out to decide an inflammatory constitutional issue better left to the * Copyright 2004. Distinguished Professor of Law, Chicago-Kent College of Law. A.B., University of Chicago; J.D., Harvard Law School; LL.M., Harvard Law School; M.A. Religious Studies, University of Chicago Divinity School. ' 292 F.3d 597 (9th Cir. 2002) (ruling that the phrase "under God" in the Pledge violates the Establishment Clause under the endorsement test, the Lemon test, and the coercion test), as amended, 328 F.3d 466 (9th Cir.
    [Show full text]
  • The Limits of Secularism: Public Religious Expression in Moments of National Crisis and Tragedy William P
    Notre Dame Law Review Volume 78 | Issue 1 Article 2 12-1-2002 The Limits of Secularism: Public Religious Expression in Moments of National Crisis and Tragedy William P. Marshall Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation William P. Marshall, The Limits of Secularism: Public Religious Expression in Moments of National Crisis and Tragedy, 78 Notre Dame L. Rev. 11 (2002). Available at: http://scholarship.law.nd.edu/ndlr/vol78/iss1/2 This Essay is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. ESSAYS THE LIMITS OF SECULARISM: PUBLIC RELIGIOUS EXPRESSION IN MOMENTS OF NATIONAL CRISIS AND TRAGEDY William P. Marshall* I generally start teaching the issue of school prayer by asking my students to join me in saying the prayer at issue in the Regent's Prayer case, Engel v. Vitale.1 Then I ask if any have had a religious experi- ence. Invariably the answer is no (although occasionally someone will may have been anti-religious). suggest that the exercise, if anything, 2 Nevertheless, most in the class will argue, for one reason or another, that reciting the prayer in public schools is unconstitutional. I then ask the students to imagine a public school class in Con- cord, New Hampshire on the day that one of the school's teachers is launched into space in the Challenger shuttle.3 At the point the spacecraft disintegrated, I inquire, would it have been constitutional for the substitute teacher to lead the class in prayer? Almost all say * Kenan Professor of Law, University of North Carolina School of Law.
    [Show full text]
  • Evangelical Chaplains, Ceremonial Deism, and the Establishment Clause
    Evangelical Chaplains, Ceremonial Deism, and the Establishment Clause John D. Laing1 Assistant Professor of Theology and Philosophy Havard School for Theological Studies Southwestern Baptist Theological Seminary, Houston, TX Introduction Several instances exist in which political and military leaders encouraged the reading of Scripture in order to spur members of the armed forces to be both morally upright individuals and better warriors. The wedding of Scripture with service to country is a theme found throughout America’s history, and has led some cultural critics to charge that America has always had a sort of politicized religion, where honor to God is important, so long as it supports the agenda and ethos of the State. Former Navy Chaplain (Lieutenant) Gordon Klingenschmitt, well known for supposedly being court-martialed for praying in Jesus’ name, has argued that Unitarian Universalism is actually the official religion of the U. S. government.2 Elsewhere, I have questioned Klingenschmitt’s claims with regard to the specifics [Unitarian Universalism is not the government-endorsed religion of the U.S.], but I also think we should not be too quick to dismiss 3 the general claim that there is a government-sponsored religion. 1John D. Laing is a chaplain in the Texas Army National Guard and has deployed with Operation Noble Eagle (ONE), Kosovo Force (KFOR 7), and Operation Iraqi Freedom. Much of the work here comprises a chapter in John D. Laing, In Jesus’ Name: Evangelicals and Military Chaplaincy (Eugene, OR: Resource, 2010). 2In support of his claim, he points to training in pluralism conducted at the military service schools for chaplains, official guidance on public prayers disseminated by the Naval Chief of Chaplains Office, and the perceived endorsement of Harvard University Divinity School’s “Pluralism Project” by naval chaplaincy leadership.
    [Show full text]
  • Under God, the Pledge of Allegiance, and Other Constitutional Trivia Steven G
    NORTH CAROLINA LAW REVIEW Volume 81 | Number 5 Article 3 6-1-2003 Under God, the Pledge of Allegiance, and Other Constitutional Trivia Steven G. Gey Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Steven G. Gey, Under God, the Pledge of Allegiance, and Other Constitutional Trivia, 81 N.C. L. Rev. 1865 (2003). Available at: http://scholarship.law.unc.edu/nclr/vol81/iss5/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. "UNDER GOD," THE PLEDGE OF ALLEGIANCE, AND OTHER CONSTITUTIONAL TRIVIA STEVEN G. GEY* A panel of the United States Court of Appeals for the Ninth Circuit created a furor recently when it ruled that the inclusion of the words "under God" in the official Pledge of Allegiance violates the Establishment Clause of the First Amendment. Responses to this ruling by politicians, the press, and legal academics were overwhelmingly critical. The unifying theme of many of these responses is that the claim against the "under God" language in the Pledge is trivial and therefore not the proper basis for an Establishment Clause ruling. This Article uses the Pledge controversy as a vehicle for investigating the concept of constitutional trivia in the Establishment Clause context. There are two variations on the argument that the "under God" controversy is trivial. The first variation asserts that the religious component of the Pledge has so little religious significance that it does not rise to the level of an Establishment Clause violation.
    [Show full text]